Delivery Driver Accommodations When Disabled Required

The U.S. Equal Employment Opportunity Commission recently settled a lawsuit against UPS Freight in which the EEOC had alleged that UPS had discriminated against an employee after he had a stroke in 2013.  The employee requested a reasonable accommodation of temporary non-driving work, but UPS would not permit this accommodation.  At the time that the employee made this request, UPS had a policy (which was part of a Collective Bargaining Agreement) of only granting this type of reassignment to drivers whose licenses had been suspended for a non-medical reason.  In 2018, the EEOC was able to obtain an order from the court that this policy violated the Americans with Disabilities Act.  Last month, the EEOC reached a settlement for the employee’s damages.  The Americans with Disabilities Act prohibits employers from discriminating against employees because of their disability.  See EEOC v. UPS Ground Freight, Inc., No. 2:17-cv-02453 (D. Kan.).